Privacy Policy

Last Updated: September 19, 2017

At Physera, the privacy and security of our customers' data is a core mission of our business. We use best-in-class data protection technologies and policies to comply with the standards set forth by the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and the regulations promulgated thereunder, including those at 45 C.F.R. Parts 160 and 164 (collectively, “HIPAA”). If you have any questions or concerns about our privacy practices, please contact us at [email protected].

We at Physera, Inc. (“Physera ,” “we” “us” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy relates to the information collection and use practices of Physera in connection with our Services, which are made available to you through a variety of platforms, including, but not limited to, https://physera.com/ (the “Website”) and our mobile app, which is accessible through tablets, smart phones, connected televisions, and other devices (the “Physera App”). The Website and the Physera App are collectively referred to as the “Platform.

Description of Users and Acceptance of Terms

This Privacy Policy applies to visitors to the Website, who view only publicly-available content (“Visitors”), individuals who have signed up to use our Services (“Users”), and providers of services, including but not limited to, physical therapy and chiropractic services who have signed up to use our Services (“Providers”).

By visiting our Website, Visitors are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

By signing up, accessing, and/or using the Platform, each User and Provider is agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

The Information We Collect

In the course of operating the Website and/or providing the Services, Physera will collect, store, use, transmit, and/or receive the following types of information. You authorize us to collect and/or receive such information.

Personal Information

When you sign up as a Provider through the Website, you will be required to provide us with personal information about yourself, such as, your name, e-mail address, phone number and gender.

If you are a User who would like to schedule a video chat consultation with a Provider, you will be required to provide us with personal information about yourself, such as your name and e-mail address.

If you are a User who would like to use the Physera App, you will need to download the Physera App by clicking on the personalized download link provided to you by Physera.

If you sign-in using your Facebook or any other social media account, you are authorizing Physera to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that Facebook, Inc., or such other social media company could provide to Physera through its Application Programming Interface (“API”). Such information may include, without limitation, your first and last name, username, profile picture, unique social media identifier and access token, social media contacts, and e-mail address. And, if you contact us via the Contact Us page, you will need to provide your name and contact information.

All information we collect and/or receive under this section is collectively called “Personal Information.

We do not collect any Personal Information from you when you use the Platform unless you provide us with the Personal Information voluntarily.

Health Information

When you sign up to use the Platform as a User, you will also be asked to provide us with background health information that relates to your past, present, or future physical or mental health or condition, including but not limited to, the specific body party that is your primary concern, duration for which the issue is ongoing, and the treatments you have tried (collectively, “Health Information”).

Geolocational Information

In order to provide certain features and functionality of the Platform, we may, with your consent, automatically collect geolocational information from your mobile device, your wireless carrier, or certain third-party service providers (“Geolocational Information”). Collection of such Geolocational Information occurs only when the Physera App is running on your mobile device. You may decline to allow us to collect such Geolocational Information, in which case Physera will not be able to provide certain features of the Physera App to you.

Payment Information

We will collect your payment information if you choose to make a purchase or enroll in Services that require a fee. This payment information may include, without limitation, bank account numbers, credit card or debit card numbers, account details, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by our Third-Party Payment Vendor pursuant to the terms and conditions of its privacy policies and terms of use.

Patient Data

In using the Clinical Dashboard, Providers may provide us with Patient Data. We use the Patient Data in accordance with the terms and conditions of the Clinical Dashboard Agreement.

Other Information

In addition to the information noted above, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:

From Your Activity.

Information that we automatically collect when you use the Platform, including, without limitation:

  • IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website you visit, etc.;
  • Information about a mobile device, including universally unique ID (“UUID”), Physera App type and version (e.g., iOS or Android), carrier and country location, hardware and processor information (storage, chip speed, camera resolution, NFC enabled, and network type (WiFi, 2G, 3G, 4G); and
  • Activity and usage information occurring via the Platform, including tagging data, favorites, preferences, session lengths; and similar data.

From Cookies.

Information that we collect using "cookie" technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will "remember" information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Platform. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Platform may not function properly.

Third-Party Analytics.

We use third-party analytics services (such as Google Analytics) to evaluate your use of the Platform, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Platform and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data and may have access to certain information related to your device, location, login credentials, unique application identifier, or other information collected or stored on your device in order to provide these services to Physera. By accessing and using the Platform, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Platform.

For Google Analytics, please visit https://www.google.com/analytics

Treatment and Use of Health Information and Personal Information; Sharing Authorization

The Platform provides Users the ability to communicate with their Providers. Users’ communications with such individuals through the Platform may include Health Information and Personal Information, which may be stored on the Platform as a result of your relationship with a Provider. Users (and not Physera) are solely responsible for reviewing and approving any Providers before deciding whether to share their Health Information and Personal Information with such Providers.

As a user of the Platform, Users’ hereby authorize Physera to make the following disclosures and uses of their Health Information and Personal Information, in addition to the specific uses set forth in the "How We Use and Share the Information" section below:

  • Physera may disclose Health Information and Personal Information to those Providers to whom Users have granted access to view their Health Information.
  • Physera may use Health Information and Personal Information as necessary in connection with the purposes described in the section below entitled "How We Use and Share Your Information."

If you choose to share any of your Health Information through the Platform with any Provider, you acknowledge and agree that such information is made available to such Provider and use by such Provider is not subject to the terms of this Privacy Policy. Further, if the Providers that Users authorize to receive their Health Information from Physera are not subject to federal or state health information privacy laws, subsequent disclosure by such persons and entities may not be prohibited and/or protected by those laws. Users may revoke all or part of the authorization granted to Physera above in writing at any time by sending a signed and dated statement to Physera as set forth in the "How to Contact Us" section below.

How We Use and Share Your Information

You authorize us to use the Personal Information, Geolocational Information, and Other Information (collectively, the “Information”) to provide the Platform and the Services to you, solicit your feedback, inform you about our products and services and those of our third-party marketing partners, and to improve the Platform and the Services. Also, we may use and share the Information as described below.

  • Agents, Providers and Related Third Parties. We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our parent companies, subsidiaries, or other companies under common control with us.
  • Aggregated Information. In an ongoing effort to better understand users of the Platform, we may analyze the Information in aggregate form in order to operate, maintain, manage, and improve the Platform and the Services. This aggregate information does not identify you personally. We may use this aggregate information for marketing purposes. We may share aggregate information between Users who are performing similar exercises and/or undergoing similar therapy. We may share this aggregate information with our affiliates, agents, business and business partners, and other third parties. We may also disclose aggregated user statistics in order to describe the Platform and these products and services to current and prospective business partners and to other third parties for other lawful purposes.
  • Business Transfers. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
  • Legal Requirements. To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Physera or others.

Private Messaging

Users and their Providers may be able to communicate via direct messages sent through the Platform. If you choose to contact a Provider outside of the Platform, you acknowledge and agree that none of the information contained in that message (including, without limitation, Personal Information and/or Health Information) is covered by this Privacy Policy and we are not responsible or liable in any way for how the recipient uses that information or for any breaches of Personal Information during transmission of the message.

Accessing and Modifying Personal Information and Communication Preferences

If you have signed-up to use the Services, you may access, review, and make changes to your Personal Information by following the instructions found on the Platform. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the "unsubscribe" link located on the bottom of any Physera marketing email. Users and Providers cannot opt out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. In addition, please note that we are not responsible for updating or removing any information contained in Providers’ networks’ lists or databases.

How We Protect the Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

California Residents

Under California Civil Code Section 1798.83, California residents who have an established business relationship with Physera may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to [email protected] with "Privacy Policy" in the subject line or write to us at:

Physera, Inc.
350 Cambridge Ave
Suite 250
Palo Alto, CA 94306

In addition, Physera does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser "Do Not Track" settings and/or signals.

Important Notice to Non-U.S. Residents

The Platform, the Services and their servers are operated in the United States. Please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Platform and/or the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States. This Privacy Policy is governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws provisions.

Children

We do not knowingly collect Personal Information from children under the age of 13 through the Platform and/or the Services. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Platform and/or the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information from our databases.

External Websites

The Website may contain links to third-party websites (“External Sites”). We do not endorse such External Sites and we are not responsible for the privacy practices of such External Sites. Please refer to the privacy policies of those External Sites for more information on how the operators of those sites collect and use your Personal Information.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time, and will post any changes on the Website as soon as they go into effect. By accessing the Platform and/or using the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please e-mail us at [email protected], "Privacy Policy" in the subject line, or mail us at the following address:

Physera, Inc.
350 Cambridge Ave
Suite 250
Palo Alto, CA 94306